Common legal issues affecting the refining industry

by McAfee & Taft
Contact

Inspectioneering Journal - June 2013

Some involvement with legal issues is inevitable for professionals, including individuals and the companies for whom they work. But too often, companies — their management, their personnel, and their counsel — accept the status quo as providing adequate protection from legal risks. They fail to see their practices as such practices might be viewed by regulators, who may mistrust business, or by the public, which may fear unknown impacts from the business operations, or by plaintiff lawyers, who see a moneymaking opportunity. Too often, management thinks that because “it has always been done this way,” legal risks are minimal. The problem is, the way it has always been done may be precisely the reason exposures and liabilities exist.

Well-drafted contracts mean work and revenue, and not only provide clarity for scope of work, but also valuable protections in an ever more competitive world. Lawyers appreciate clients who help make deals clear and tight, and clients need to understand how they can get the best service from their legal counsel. But much of what non-lawyers find in experiencing the legal world is negative.

Receiving a letter containing accusations from a lawyer is distressing, responding to a discovery is excruciatingly burdensome, and going through a deposition or trial is expensive financially, emotionally, and in time required. If the government is the accusing party, the trouble is only magnified. This column is to provide non-lawyers an introduction to the legal system; information about various laws and regulations related to inspections and equipment integrity; commentary on issues that are potentially significant to organizations; discussions of specific types of pitfalls you may encounter, how these pitfalls are pursued and sometimes prosecuted in the legal arena, and most importantly, how professionals can protect themselves and their organization from legal exposures; and if a lawsuit or government action cannot be avoided, how to position themselves to win or at least minimize the damage.

This column is not legal advice. Rather, the concepts and issues raised are intended to increase awareness about legal issues and allow readers to then decide whether or not their particular situation would be best served by consultation with an attorney. The goal will be to provide the reader with a broad view of typical legal issues encountered by businesses and persons employed in those businesses. Transactions and contracting will be discussed along with compliance and enforcement programs, sometimes focused on high level issues such as new statutes or regulations and sometimes working through nuts and bolts issues related to subjects that some see as minor (but they are not), such as the significance in legal contexts of training and communications within an organization.

In the next issue of Inspectioneering Journal we will provide an overview of the various legal liabilities facing organizations in the Inspectioneering community. In order to prevent potential legal problems from surfacing, it is critical that one appreciates how, and from whom, certain liabilities may arise.

Work hard. Work smart!

 
This article appeared in the May/June 2013 issue of Inspectioneering Journal. It is reproduced with permission from the publisher, Inspectioneering Journal, LLC.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McAfee & Taft | Attorney Advertising

Written by:

McAfee & Taft
Contact
more
less

McAfee & Taft on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!